Skaff

George Skaff filed an action in the small claims court, a division of the Municipal Court of the City of Los Angeles, against the Holiday Car Leasing Corporation, seeking recovery of $250 1 which he allegedly extended to Holiday as a deposit for the delivery of a 1965 Chevrolet Impala Coupe automobile. Holiday counterclaimed against Skaff for $175, the amount allegedly due for rental and insurance coverage of a 1964 Chevrolet Impala Coupe automobile that Holiday had leased to Skaff. After a hearing on July 19, 1965, the judge of the small claims court denied plaintiff’s complaint but awarded Holiday a $175 judgment on its counterclaim.

Skaff in due time attempted to appeal from the judgment. After the clerk of the small claims court advised him that he had no right of appeal, Skaff, on September 16, 1965, filed a petition in the Superior Court of Los Angeles County for a writ of mandate to compel the respondent small claims court to permit the filing of the appeal. The superior court denied the writ on September 21, 1965, and the Court of Appeal affirmed.

Although Skaff sought no relief in this court, probably because of the small amount in controversy, we granted a hearing on…